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HomeMy WebLinkAboutZA AGENDA REPORT l OTE: MAY 19, 19.9, Inter- Com TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL, USE PERMIT 97-007 APPLICANT: LUIGI AND AMY RAVETTO 8215 E. WHITE OAK RIDGE, #8 ORANGE, CA 92869 OWNER: LARWIN SQUARE TUSTIN 2-75 CENTENNIAL WAY, SUITE 209 TUSTIN, CA 92780 ATTN: MR. DICK KAYE LOCATION: .498 EAST FIRST STREET ZONING: FIRST STREET -SPECIFIC PLAN - COMMERCIAL AS PRIMARY USE ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE 1141") FOR ON-SITE CONSUMPTION AT 498 EAST FIRST STREET. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 97- 006 approving Conditional Use Permit 97-007 . Zoning Administrator Report Conditional Use Permit 97-007 . May 19, 1997 Page 2 BACKGROUND AND DISCUSSION The applicant is proposing to establish the sale of beer and wine (ABC license Type 1141" ) for on--site consumption in conjunction with a new restaurant tenant located at 498 East First Street . Alcoholic beverage sales establishments are permitted in conjunction with a restaurant subject to the approval of a, Conditional Use Permit . Site and Surrounding Pro erties The restaurant proposes to occupy a 2 , 125 square-foot lease space within the Larwin Square shopping center. The space, formerly occupied by Daily' s restaurant, is located at the north end of a multi-tenant building sited on the west side of the center facing First Street (see Site Plan) . -Larwin Square is bordered by First' Street to the north, Centennial Way to the west and Newport Avenue along the southeast . The subject property is located within the boundaries of both the First • Street Specific Plan and the Town Center Redevelopment Area. Surrounding uses consist of the Courtyard Center and professional offices to the north; Tustin Civic Center, residential and commercial uses to the west; and commercial uses to the south and east . ProLct Description The applicants propose to operate the restaurant as a dine-in establishment . Proposed business hours are 11 : 00 a.m. to 9 : 00 p.m. , Monday through Sunday. The floor plan and seating, count (56 seats) established. for the previous tenant will be retained. No outdoor seating is provided or proposed. A floor plan is included in Attachment B. Alcoholic Beverage Sales Regulations and Guidelines On December 4, 1995, the City Council adopted two Zoning Code Amendments related to ' the sale of alcoholic beverages . Code Amendment 95-004 (Ordinance No. 1157) authorizes the Zoning Administrator to approve conditional use permits for the on-site sale of alcoholic beverages at restaurants . Code Amendment 95-003 (Ordinance No. 1161) amended the distance separation regulations for alcoholic beverage sales establishments . Zoning Administrator Report • Conditional Use Permit 97-007 May 19, 1997 Page 3 Staff has reviewed the proposed use for conformance with the City' s Alcoholic Beverage Sales Establishment Guidelines (Attachment B) and the above-noted Zoning Code regulations . The proposal will not be affected by the revised distance criteria for on-site alcoholic beverage sales establishments because these criteria do not apply to establishments operating solely as restaurants . Key issues applicable to the applicant ' s proposal are analyzed in the following discussion: 1. Location: The Zoning Code establishes criteria for off-site sales of alcoholic beverages, requiring a minimum distance of 100 feet from any residentially zoned or used properties; 600 feet from any church, public or private school, playground or hospital; and a minimum of 300 feet from any other off-site sales establishments . Two neighboring tenants within Larwin Square, Vons and Thrifty Drug, are licensed off-site alcoholic beverage sales establishments . The applicant proposes to sell beer and wine only for on-site consumption. In addition, the Alcoholic Beverage Sales Establishments Guidelines states that all alcoholic, beverages shall be consumed on-site when sold in on-site alcoholic beverage sales establishments . Therefore, a condition of approval has been included to prohibit the sale of beer and wine for consumption off premises. 2 . Hours of Operation: Proposed business hours are 11 :00 a.m. to 9 : 00 p.m. , Monday through Sunday. Food prepared at the site will be available during the hours of operation. Staff has determined that these hours are compatible with the surrounding uses in that the subject restaurant is located within a large shopping center along a major commercial corridor. 3 . ServincT of Beer -and Wine : Conditions of approval are included in the attached resolution requiring that beer and wine is served only in conjunction with food service. In addition, a condition has been included to require that all persons serving beer and wine shall be eighteen years of age or older and supervised by someone twenty-one years of age or older. 4 . Coin_ operated dames : The City' s Alcoholic Beverage Sales Establishment Guidelines state that no pool tables or coin operated games shall be permitted on the premises in conjunction with an alcoholic beverage sales establishment . No pool tables or . coin operated games are proposed. A condition of approval has been included to prohibit the installation of pool tables or coin-operated games . • Zoning Administrator Report Conditional .Use Permit 97-007 • May 19, 1997 Page 4 A copy of the application for Conditional Use Permit 97-007 was forwarded to the Tustin Police Department . The Police Department expressed no concerns related to this application. Staff has included conditions contained in the City' s Alcoholic Beverage Sales Establishment Guidelines, and believes that these conditions, and others included -in the attached resolution, mitigate concerns related to the on-site sale and consumption of beer and wine . Gregory S. Gubman Associate Planner GG:br:cup97007 Attachments : A - Location Map B - Submitted Plans C - Alcoholic Beverage Sales Guidelines D - Zoning Administrator Action No. 97--006 . 4 • �' - - LOCATION MAP I L =j f�L f - r - r E. 1sT ST4T 13341 iF6-.. 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CALIFORNIA nu•rnI' ,� y s; �:1: W JEWELRYMART 3 a z z N IIIIIIIIIIIIIIIIIII� w� FIRST STREET :. one ,r7 w1m Am- 1"3071 7/ � :fid-STS-_-----_ ---------- .--- -- --- --_ .-- - - - - -- - - -- -- -- - � - APRIL 24, 1997 498 EAST FIRST STREET MAX OCCUPANCY POSTED 60 TUSTIN, CA 92680 EXEej ne; 2of2 RESOLUTION NO. 3366 . 2I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR CONSIDERATION OF ALCOHOLIC BEVERAGE SALES 4 ESTABLISHMENT APPLICATIONS. The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 I. The Planning Commission finds and- determines as follows: 7 A. That certain guidelinesshall be considered by,Community 8 Development staff and the Planning Commission when considering Conditional Use Permit applications for 9 alcoholic beverage sales establishments. 10 B. That certain standard conditions shall be required on ,on- site alcoholic beverage sales establishments conjunction with a restaurant use as follows: in 11 O All alcoholic beverages shall be consumed on site. 12 ° Authorization for on-site sales of beer and 131 wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time the restaurant 4 use is discontinued the use permit { " becomes null and void. ° 15 All persons serving alcoholic beverages must be eighteen years of age or older and supervised b someone twenty-one years of age or older. Supervisor shall be of sale.of in same area as point 17 ° .Hours of operation are limited to the hours of 18 a.m. to p.m. (hours are identified depending on the type of operation) Food served during these hours. must be 19 O The menu of the 'restaurant shall consist of foods 20 ° that are prepared on the premises. No outdoor seating is allowed at this location. 21 ° No 'bar' type seating is allowed. There shall be no pool tables or coin operated 22 games on the premises at any time. C. That certain standard co 23 nditions shall be required of Off-site sales establishments as follows: 24 ° . Authorization for off-site sales of beer and 2S wine/liquor is contingent upon the use at the subject site remaining as 26 identified here (specific use is Should this use permit is null and void. use change or be discontinued, authorization for this u • 28 ° All persons selling alcoholic beverages shall be twenty-one years Of age or older. 1---OsOlut:ion 140_ 3366 Page 7_ j 3 ° Hours of operation are limited to the hours of to (hours are identified depending on the type of operation) . 4 ° "No Loitering" signs shall be posted at the 5 entrance of the business or -Other specified location(s) . 6 ° No pool tables or coin operated games are allowed at this location. ° No alcoholic beverages shall be consumed on any Property adjacent to the licensed premises under the control of the applicant. 8 0 Refrigerated single-serving beverage containers 9 shall be located in an enclosed refrigeration unit no less than ten , (1o) feet from the point of sale and a minimum of five (5) feet from the store 10 entrance. 11 ° • No display, sale or distribution of beer or wine, wine coolers or similar alcoholic beverages shall 12 be made from an ice tub, barrel or similar - container. ° No sales or distribution -of alcoholic beverages 13i shall be made from a drive-up or walk-up window. ° All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas no less Z frequently than once each day that the business is �6 open. ° For establishments selling alcoholic beverages and 17 gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. 18 ° Public telephones inside and adjacent to the 19 establishment shall be modified to prevent in- coming calls. 20 D. That certain standard conditions shall be required of on- 21 site sales establishments as follows= 22 • - ° All persons serving. alcoholic beverages shall be ' twenty-one years of age Or.- older. 23 ° "No Loitering" signs shall be posted at the entrace of the business or other specified location (s) . 24 0 No pool tables or coin oper4ted- games are allowed at this location_ 25 ° No alcoholic beverages shall be consumed on any Property adjacent to the licensed premises under the control of the applicant. 26 � All litter shall be removed from the exterior area around the premises including adjacent sidewalk areas and parking areas no less frequently ublic en_ than -once each day that the business is o 2801, � p 'Zcsol uC icrs No. 33 r,r, r 1 :• 2 3 Public telephones inside and adjacent to t establishment. shall be modified to he q coming calls. prevent in- 5 E. That each Conditional Use Permit application for an alcoholic beverage sales establishment shall be reviewed, 6 based upon location and type of such establishment, and consideration of the following guidelines : 7 A determination that hours of operation requested are 8 appropriate for the use proposed and consideration given to the proposed uses relation to: - 9 1 . Residential areas; 10 2 . Protected uses, such as places of worship, parks schools, hospitals, clinics, convalescent homes. 11 3 . Other similar uses; selling or serving alcohol; 12 F. The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant 13 agrees to all conditions imposed, the conditions shall be included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing l14 conditions shall be grounds for suspension or revocation -5 of the license. PASSED AND ADOPTED by the Planning Commission of the City of Tustin 16 at a regulate_ meeting held on the 25th day of September, 1995 . 17 18 19 a KAS E 20 Chair son 21 22 ' BARBARA REYES 23 Recording Secretary ' 24 2S 26 28 I 1 ZONING ADMINISTRATOR ACTION 97-006 0 CONDITIONAL USE PERMIT 97--007 2 MAY 19, 1997 3 The Zoning Administrator of the City of Tustin does hereby resolve 4 as follows: 5 Z. The Zoning Administrator finds and determines as follows : 6 A. / That a proper application for Conditional Use Permit 97- 7 007 was filed by Luigi and Amy Ravetto requesting authorization to obtain a license for the on-site sales 8 and consumption of beer and wine (ABC License Type 114111 ) in conjunction with a restaurant located at 498 East 9 First Street, Tustin. 10 B. That the proposed• use is allowed within the First Street Specific Plan, in areas designated as Commercial as 11 Primary Use, with the approval of a Conditional Use Permit. 12 C. That a public hearing was duly called, noticed and held 13 on said application on May 19, 1997 by the Zoning Administrator. i14 D. That the establishment, maintenance, and operation of the 15 use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, 16 comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be 17 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general 18 welfare of the City of Tustin as evidenced by the following findings : 19 1 . The proposed project complies with adopted 20 guidelines for alcoholic beverage sales establishments which have been established and 21 considered to mitigate potential impacts associated with the sale of alcohol. 22 2 . The sale of beer and wine would be for on-site 23 consumption only. 24 3 . The sale of alcohol would only be authorized in conjunction with a restaurant use. Sales of beer 25 and wine will be permitted only when food is available. Food provided will be prepared on the 26 premises . �27 4 . No billiard tables, coin operated games, dancing or entertainment are proposed on the restaurant 28 premises . WT l� 1 ZONING ADMINISTRATOR ACTION 97-006 CONDITIONAL USE PERMIT 97-007 2 The Zoning Administrator of the City of Tustin does hereby resolve 3 as follows : 4 1 . The Zoning Administrator finds and determines as follows : 5 A. That a proper application for Conditional Use Permit 97- 6 007 was filed by Luigi and Amy Ravetto requesting authorization to obtain a license for the on-site sales 7 and consumption of beer and wine (ASC License Type 114111 ) in conjunction with a restaurant located at 498 East -8 First Street, Tustin. 9 B. That the proposed use is allowed within the First Street Specific Plan, in areas designated as Commercial as 10 Primary Use, with the approval of a Conditional Use Permit . 11 C. That a public hearing was duly called, noticed and held 12 on said application on May 19, 1997 by the Zoning Administrator. 13 D. That the establishment, maintenance, and operation of the 14 use applied for will not, under the circumstances of this case, -be detrimental to the health, safety, morals, 15 comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be 16 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general 17 welfare of the City of Tustin as evidenced by the following findings : 18 1 . The proposed project complies with adopted 19 guidelines for alcoholic beverage sales establishments which have been established and 20 considered to mitigate potential impacts associated with the sale of alcohol . 21 2 . The sale of beer and wine would be for on-site 22 consumption only. 23 3 . The sale of alcohol would only be authorized in conjunction with a restaurant use . Sales of beer 24 and wine will be permitted only when food is available . Food provided will be prepared on the 25 premises . 26 4 . No billiard tables, coin operated games, dancing or entertainment are proposed on it-he restaurant r 27 premises.. 28 Zoning Administrator Action 97-006 Page 2 . 1 2 5 . All persons serving beer and wine will be eighteen (18) years of age or older and supervised by 3 someone twenty-one (21) years of age or older. The supervisor will be present in the same area as 4 point of sale . 5 E. That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, 6 pursuant to Section 15301 (Class 1) , 7 F. That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General 8 Plan and has been determined to be consistent with the Air Quality Sub-element . 9 II . The Zoning Administrator hereby approves Conditional Use 10 Permit No. 97-007 authorizing the on-site sale and consumption of beer and wine (ABC License Type 114111 ) in conjunction with 11 a restaurant located at 498 East First Street, subject to the conditions contained within Exhibit A, attached hereto. 12 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 19th day of May, 1997 . 14 15 16 RICK BROWN, C.B.O. Zoning Administrator Designee 17 1s 19 BARBARA REYES Recording Secretary 20 2i STATE OF CALIFORNIA } COUNTY OF ORANGE ) 22 CITY OF TUSTIN ) 23 I, BARBARA REYES, the undersigned, hereby certify that I am the 24 Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 97-006 was 25 duly passed and .adopted at a regular meeting of the Tustin Zoning I* Administrator, held on the 19th day of May, 1997 . 27 BARBARA REYES 28 Recording Secretary EXHIBIT A ZONING ADMINISTRATOR ACTION 97-006 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 97-007 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped May 19, 1997, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit . (1) . 1.2 Conditional Use Permit approval shall become null -and void unless an Alcoholic Beverage Control License Type 114111 is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit . Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 97-007 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development . (1) 1.4 Conditional Use Permit 97=007 authorizes ABC License Type "4111 for the on-site sale and consumption of beer and wine only. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin -from all claims and liabilities arising out of a challenge of the City' s approval of this project . SOURCE CODES -- �- (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 97-006 Exhibit A - Conditional Use Permit 97-007 Conditions of Approval May 19, 1997 Page 2 USE RESTRICTIONS (3) 2 .1 No off-site sale or consumption of alcohol for any type of ABC license is authorized. All alcoholic beverages shall be consumed on--site. (2) , 2 .2 Hours of sales of beer and wine shall be limited to the hours when food is available. Menu items shall be available in the restaurant during business hours . (2) 2 .3 The menu of 'the restaurant shall -consist of foods that are prepared on the premises . (2) 2 .4 Authorization for the on-site sales of beer and wine (ABC License Type 114111 ) is contingent upon the use of the subject premises remaining a restaurant . Should this use change or be discontinued, authorization for this use permit is null and void. (2) 2 .5 No outdoor seating shall be permitted unless a separate conditional use permit is approved pursuant to the current provisions of the Tustin City Code . (2) 2 . 6 There shall be no billiard tables, coin operated games, dancing or live entertainment on the premises at any time. (2) 2 .7 All persons selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. A supervisor shall be present in same area as point of sale. (4) 2 . 8 All building locking devices added to the premises shall meet those requirements as set forth in the Building Security Code. (4) . 2 .9 Applicant shall obtain - all necessary permits from the Building Department prior to construction of - ariy improvements that require a permit pursuant to the Uniform Building Code and Tustin Municipal. Code. (5) 2 .10 Any Health Code or other violations, as determined by the County -of Orange Health Care Agency, may be grounds for revocation of this Conditional Use Permit . r' Zoning Administrator Action 97-006 Exhibit A - Conditional Use Permit 97-007 Conditions of Approval May 19, 1997 Page 3 (5) 2 :17. The applicant and/or property owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a safe, clean, sanitary and attractive manner. All graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures . (5) 2 .12 Opaque materials and signage shall not cover more than 25 percent of the aggregate area of all windows and doors of the restaurant . (5) 2 .13 All signs, including any change of copy, require review and approval by the Community Development Department prior to installation. (4) 2 .14 A maximum of 56 seats is authorized for the restaurant . The number of seats shall not be increased unless the property owner demonstrates, through the submittal of a parking and land use summary, or as otherwise authorized by current •provisions- of the Tustin City Code, that an adequate number of on-site parking spaces are available to accommodate additional seating for the restaurant . FEES (1) 3 .1 Prior to the issuance of any building or sign permits, payment shall be made of all applicable building plan check and permit fees and sign design review fees to the Community Development Department . (1) 3 .2 Within' forty-eight (48) hours of. approval "of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier' s check payable to the COUNTY CLERK in the amount of $38 . 00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project . If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above--noted check, the statute of limitations for any interested party to challenge the . environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.